The Nakba and the Law: A Deep Dive into Palestinian Rights

speaker1

Welcome to our podcast, where we unravel the complexities of the Palestinian experience through the lens of international law. I'm your host, and today we are joined by an engaging co-host who will help us explore the foundational violence of displacement, the concept of Nakba, and the ongoing struggles for self-determination. So, let's dive right in! What do you think is unique about the Palestinian experience when it comes to international law?

speaker2

Hmm, that’s a great starting point. I think one of the most unique aspects is the long history and the profound impact of international legal structures on Palestine. The Balfour Declaration, the Mandate system, and the partition plan all played significant roles. But what exactly was the Mandate system, and how did it shape the Palestinian experience?

speaker1

The Mandate system, established by the League of Nations, was a framework that essentially entrusted certain colonial powers with the administration of territories that were formerly part of the Ottoman Empire. Palestine was classified as a Class A Mandate, which meant it was seen as closer to self-administration. However, the British Mandate for Palestine was unique because it was the only place where the international legal system endorsed and facilitated a settler colonial project. The Balfour Declaration, issued in 1917, committed to advancing a 'national home for the Jewish people' in Palestine. This created a system that denied self-determination to the Palestinian people and made it impossible for them to establish self-governing institutions.

speaker2

That’s really eye-opening. So, the Mandate system was a tool for colonial control, and it set the stage for the 1948 Nakba. Can you explain what the Nakba was and its lasting impact on the Palestinian people?

speaker1

Absolutely. The Nakba, which means 'catastrophe' in Arabic, refers to the events of 1948 when over 750,000 Palestinians were displaced from their homes and the state of Israel was established. This was a foundational moment of displacement that has ongoing repercussions. The Nakba is not just a historical event; it’s an ongoing process of dispossession and fragmentation that continues to affect Palestinian lives today. It’s the foundational violence that defines the Palestinian experience.

speaker2

Wow, that’s a powerful way to frame it. Speaking of frameworks, the concept of partition played a significant role in the lead-up to the Nakba. Can you elaborate on how partition was used as a legal technology and its consequences?

speaker1

Partition is a mechanism that has been used throughout history to manage and control populations. It was used in Ireland and India, and in the case of Palestine, it was a way to frame the conflict as a binary struggle between two nations rather than a settler colonial project. The UN Partition Plan of 1947 recommended giving 56% of Palestine to the future Jewish state, despite Palestinians owning the majority of the land. This plan was never implemented in its original form, but it set the stage for the 1948 Nakba and entrenched a system of domination and fragmentation that continues to this day.

speaker2

It’s fascinating how partition has been used to justify and perpetuate domination. Now, let’s talk about the MacBride Report. It’s a crucial document that attempted to grapple with the specificity of the Palestinian experience. Can you tell us more about it and its significance?

speaker1

The MacBride Report, published in 1980, was a response to the Sabra and Shatila massacre in 1982. The authors of the report tried to expand the concept of genocide to capture the Palestinian experience. They considered incorporating cultural genocide into the legal definition of genocide. While they couldn’t reach a unanimous agreement, the report highlighted the ongoing genocidal violence against Palestinians and the need for a new legal framework to address it. This is where the concept of Nakba becomes crucial. Just as the Holocaust introduced the crime of genocide and Apartheid introduced the crime of apartheid, the Palestinian experience can introduce the crime of Nakba to international law.

speaker2

That’s a powerful idea. The concept of Nakba could indeed provide a more comprehensive framework to understand the Palestinian experience. Now, let’s talk about fragmentation. How does the legal regime in Palestine use fragmentation as a tool of domination?

speaker1

Fragmentation is a sophisticated system of control that classifies Palestinians into different legal statuses and ID systems. There are five main legal statuses: Palestinian citizens of Israel, residents of East Jerusalem, residents of the West Bank, residents of Gaza, and refugees or diasporic communities. Each status has its own internal dynamics of control and relative legal privilege. This system creates a coordination problem, making it difficult for Palestinians to unite and resist as a cohesive group. It’s a divide and conquer strategy that has been evolving for over seventy years, with the goal of maintaining control and domination.

speaker2

That’s a stark reality. The 2018 Nation-State Law in Israel further codified Jewish nationalism and entrenched this fragmentation. What are the implications of this law for Palestinian rights?

speaker1

The Nation-State Law explicitly defines Israel as the nation-state of the Jewish people, downgrading the status of Palestinian citizens of Israel. It enshrines the right of self-determination as exclusive to the Jewish people, which legally marginalizes Palestinians and reinforces the fragmentation. This law is a clear example of how the legal system is used to maintain a Jewish majority and perpetuate the domination of Palestinians.

speaker2

It’s disheartening to see how the legal system can be used to perpetuate injustice. The Unity Intifada in 2021 was a moment of hope, where Palestinians between the Jordan River and the Mediterranean Sea rose up in unity. How do you see the interplay between forces of unity and fragmentation in the Palestinian struggle?

speaker1

The Unity Intifada was a powerful manifestation of the forces of unity that are always at play. Despite the fragmentation, there are moments when Palestinians can come together and challenge the system. The Nakba concept captures this dialectic of unity and fragmentation, recognizing that Palestinian existence is defined by the interplay between imagined unity and material and legal fragmentation. It’s a struggle that continues to evolve, and the concept of Nakba provides a framework to address the root causes of the problem.

speaker2

That’s a hopeful note to end on. The future of Palestinian rights in international law is an ongoing battle. How do you see the role of legal scholarship in addressing these issues and pushing for change?

speaker1

Legal scholarship plays a crucial role in developing new concepts and frameworks that can address the unique challenges faced by Palestinians. The concept of Nakba, for example, provides a language to talk about the totality of the Palestinian experience, including displacement, fragmentation, and denial of self-determination. By naming the problem, we can better understand it and work towards meaningful solutions. The urgency of the language we use is essential, and legal scholarship can help galvanize international advocates and create a more just future for Palestinians.

speaker2

Thank you for that insightful discussion. It’s clear that the struggle for Palestinian rights is far from over, but with the right frameworks and language, there is hope for change. Thank you, everyone, for tuning in to this episode of our podcast. Join us next time as we continue to explore the complexities of the Palestinian experience.